Procedural Order re: Sentencing Hearing — United States v. Det Tran (D. Mass., Dkt. 8, September 11, 2024)

Summary

This Procedural Order re: Sentencing Hearing in United States v. Det Tran, Criminal No. 1:24-cr-10243-LTS, is entered by Sorokin, D.J. It directs the United States Probation Office to begin the pre-sentence investigation and requires the attorney for the government to provide a statement of relevant facts not later than seven days after the plea or verdict or September 18, 2024. It schedules the sentencing hearing for December 10, 2024. It sets objections to the pre-sentence report within fourteen days after disclosure and requires counsel to advise the Court whether either party will move for a departure or a non guideline sentence.

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“Procedural Order re: Sentencing Hearing — United States v. Det Tran (D. Mass., Dkt. 8, September 11, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-24-cr-10243-dkt-8-d-mass-c4b9e23a74/, SHA-256 48c49cc174570bc81ffa455c0d290d548bb410322f97c50cb0cbe0ed8d15d3d9.

Full text

Case 1:24-cr-10243-LTS Document 8 Filed 09/11/24 Page 1 of 4

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA,

v.
CRIMINAL NO. 1:24-cr-10243-LTS

Det Tran,
Defendant.

PROCEDURAL ORDER
RE: SENTENCING HEARING (In the light of U.S. v. Booker)

SOROKIN, D.J.

A plea of guilty or nolo contendere, or a verdict of guilty, having been entered on
September 11, 2024 under the Sentencing Reform Act of 1984, it is hereby ORDERED:

Pre-sentence Investigation

1. a) The United States Probation Office shall commence immediately the pre-sentence
investigation unless as provided in Fed. R. Crim. Pro. Rule 32(i), the court finds under Rule
32 (c) (1)(A) and (B) that the information in the record enables it to exercise its sentencing
authority meaningfully under 18 U.S.C. ' 3553 and the court explains this finding on the
record.

b) The Probation Office shall prepare pre-sentence investigation reports in the order
in which the requests from the court are received.

Statement of Relevant Facts

2. Not later than seven days after the plea or verdict or September 18, 2024, the attorney for the
government shall provide to the United States Probation Office a statement of relevant facts and any
other documents pertinent under Federal Rules of Criminal Procedure 32 (d) and shall simultaneously
serve on counsel for the defendant a copy of everything provided to the Probation Office.

Submission of Information Regarding Identifiable Victims (if applicable)

3. Not later than seven days after the plea or verdict or on September 18, 2024 the attorney
for the government shall provide to the United States Probation Office a written
statement setting forth the names of the victims, their contact information/addresses, and the
amount of loss sustained by each victim/restitution owed to each victim pursuant to the
Federal Rules of Criminal Procedure, Rule 32(c)(1)(B).
Case 1:24-cr-10243-LTS Document 8 Filed 09/11/24 Page 2 of 4

Interview of Defendant

4. The Probation Office shall provide a reasonable opportunity for defense counsel to attend
any interview of the defendant conducted by a probation officer during the pre-sentence
investigation.

a) If the case is resolved by a plea, and the Probation Office has timely notification of
the plea, it shall hold an interview with the defendant on the day of the plea. If an interview
cannot be held on the day of the plea, the Probation Office shall schedule an interview to be
held within seven days after the plea or within such additional time as the court may order.

b) If the case is resolved by a verdict, the Probation Office shall schedule an interview
with the defendant to be held within seven days after the verdict or within such additional
period of time as the court may order.

c) If the defendant is in custody, the United States Marshal shall, at the request of the
Probation Office, bring the defendant to the courthouse for an interview at the earliest
feasible time.

Pretrial Services Responsibility

5. Pretrial Services shall provide to the Probation Office all documents in the possession of
Pretrial Services that may be relevant to the pre-sentence investigation, including a copy of
the Pretrial Report, the defendant=s state, local, and national criminal record, police reports,
copies of convictions, drug test results, reports of incidents, and other reports and supporting
documents.

Date of Sentencing

6. The sentencing hearing is scheduled to occur at 2:00pm on Tuesday December 10,
2024, in Courtroom 13 on the 5th floor. This date is to be not sooner than twelve weeks
after the date of the plea/verdict, in order to permit the following:

a) Probation Office shall have seven weeks after the date of plea/verdict for the
preparation and disclosure of the initial report.

b) Probation Office shall disclose the initial report to defense counsel and government
counsel no less than five weeks before the sentencing hearing, unless the defendant
expressly waives the minimum five week pre-sentencing notification period.

c) The date when disclosure has been effected to each attorney is the date of the
mailing of a copy to that attorney. An attorney may, in lieu of receiving disclosure by mail,
make arrangements with the Probation Office to pick up the report no later than 3:00 p.m.
on the date disclosure is due. It is the responsibility of the defense counsel to disclose the
pre-sentence report to the defendant and to discuss it with and explain it to the defendant.

Objections Procedure
Case 1:24-cr-10243-LTS Document 8 Filed 09/11/24 Page 3 of 4

7. Within fourteen days after disclosure of the report, attorneys for the government and the
defendant shall advise the probation officer and each other in writing, of any objections they
may have as to any material information, sentencing classifications, sentencing guideline
ranges, or policy statements contained in or omitted from the report.

8. The probation officer shall conduct any further investigation and make any revisions to the
pre-sentence report that may be necessary. The probation officer may require counsel for
both parties to confer with the probation officer to identify and attempt to resolve any factual
or legal disputes which may require hearing by the court.

Final Pre-sentence Report

9. Not later than December 3 2024, (which is a date not less than seven days before
the sentencing hearing), the probation officer shall submit to the court and disclose to
the attorneys the final pre-sentence report, including any addendum, setting forth the
unresolved objections, the grounds for these objections and the probation officer=s
comments on the objections. The probation officer shall certify that the contents of the
report, including any revisions, and the addendum have been disclosed to the defendant
and to counsel for the defendant and the government, and that the addendum fairly
states any remaining unresolved objections. Except with regard to any unresolved
objections, the report of the pre-sentence investigation may be accepted by the court as
accurate. The court, however, for good cause shown, may allow a new objection to the
pre-sentence report to be raised at any time before the imposition of sentence.

Hearing and Counsel’s obligations

10. The Court is to hold a sentencing hearing to resolve any disputed issues.

a) Obligations of Counsel: Not less than seven days before the sentencing hearing [or
such other time as set by the court]

(1) Notice: Counsel are to advise the Court:

(a) whether either party will move for a departure from the applicable
guideline range or will move for a non guideline sentence;

(b) whether apart from (a), there are legal questions not adequately
addressed in the presentence report or not addressed at all;

(2) Memorandum: Counsel submit a memorandum outlining the legal
and factual issues implicated in (1) above. Counsel are also urged to draft

3
Case 1:24-cr-10243-LTS Document 8 Filed 09/11/24 Page 4 of 4

memoranda in the form of proposed findings of fact and conclusions of law
relevant to the issues described above.

(3) Service on Probation: A copy of the memorandum and any
submissions addressing sentencing issues submitted by counsel must also be
provided to the probation officer five days in advance of the sentencing
hearing.

11. The schedule set forth in this Order may be modified by the Court for good cause shown.

12. Disclosure of the pre-sentence report is made under the provisions of Rule 32, Fed. R. Crim.
Pro., except that the Probation Office shall not disclose any recommendation it made to the
court as to sentence. Any such recommendation made to the court by the Probation Office
must not contain factual information not already disclosed to both counsel and to the
defendant.

September 11, 2024 /s/ Leo T, Sorokin
DATE UNITED STATES DISTRICT JUDGE

cc: Counsel
Probation Office
Pretrial Services

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